sccrcunjustdecisions.myfastforum.org

admin · Site Admin Joined: 12 May 2007 Posts: 40

All too often in the past people have been denied their Human right to a fair and Impartial Hearing by being denied the right to see Crown Witness Statements.
Even after Murder accused are set free because of the policy of Crown to Withhold these statements it is still being done by Crown Office.
Not only Statements are being withheld but things like ID Parade Reports etc etc are also being withheld.
I challenge Crown here to call me a liar, but they told me under Public Interest i was not allowed to see Crown Precognitions (Even though i already have some 25 along with the minutes of trial which contain Jurors Names and Addresses)
http://www.eveningtimes.co.uk/news/display.var.1392068.0.0.php#

http://business.scotsman.com/topics.cfm?tid=859&id=1893992006

Above please find recent Disclosure articles

Jurors Names And Addresses see following:

http://www.flickr.com/photos/big-wullie/467515951/

The Following is proof that indeed i do have some Crown Witness Statements.

http://www.flickr.com/photos/big-wullie/425979872/

And Lastly see letter from Crown Office

http://www.flickr.com/photo_zoom.gne?id=430820344&size=l

http://www.flickr.com/photo_zoom.gne?id=430820348&size=l

I would like anyone who has had similar experiences with Crown Office to Post them Here

admin · Site Admin Joined: 12 May 2007 Posts: 40

New law on evidence demanded to ensure fair trials
MICHAEL HOWIE

THE way prosecutors share information with the defence must be improved to reduce the chances of miscarriages of justice, according to an official report published yesterday.

Lord Coulsfield's report said the Scottish Government should legislate to clear up confusion over the system of disclosure, which critics say is damaging the justice system.

Last July, Stuart Gair, who spent 17 years protesting his innocence over a murder, was cleared after a failure to disclose witness statements to his lawyers deprived the defence of a "powerful argument" on identification.

Lord Coulsfield, who before he retired in 2002 was one of three judges who presided at the Lockerbie trial in the Netherlands, was asked to review the law in the light of a 2005 ruling by the Privy Council which overturned the convictions of two men, James Holland and Alvin Sinclair, on the grounds of "non-disclosure" of evidence.

New legislation should provide a definition of a duty of disclosure, and require prosecutors to disclose to the defence "all material evidence or information which would tend to exculpate the accused whether by weakening the Crown case or providing a defence to it", said the judge.

A Scottish Government spokesman said: "We welcome Lord Coulsfield's report. We now intend to invite views on his recommendations through a short consultation paper. We will decide the way forward in the light of responses."

Related topic

Legal Issues
http://business.scotsman.com/topics.cfm?tid=859

admin · Site Admin Joined: 12 May 2007 Posts: 40

Call for prosecutors to provide full details to defence lawyersCALUM MacDONALD September 13 2007
CommentCriminal prosecutors should be legally bound to provide full information to defence lawyers in advance of a trial, the Scottish Government was told yesterday.

The call came from a retired judge who said the information should include material favourable to the accused, even if it weakens the Crown case.

The call came from Lord Coulsfield in a report commissioned from him last year by the previous administration.

advertisementLord Coulsfield, who retired in 2002, was one of three judges who presided at the Lockerbie trial in the Netherlands. He was asked by the previous administration to review the law in the light of a 2005 ruling by the Privy Council which overturned the convictions of two men, James Holland and Alvin Sinclair, on the grounds of "non-disclosure".

His findings include a recommendation for legislation requiring the prosecution to have regard to "the over-riding requirement of a fair trial".

The legislation should provide a definition of a duty of disclosure, and require prosecutors to disclose to the defence "all material evidence or information which would tend to exculpate the accused whether by weakening the Crown case or providing a defence to it," said the judge.

This already happens in England and Wales and Lord Coulsfield said: "I do not see that there is any practicable alternative in the short or medium term."

Non-disclosure by the Crown is a major issue in some of the most high-profile cases in Scotland, such as that of the Lockerbie bomber Abdelbaset Ali Mohmed al Megrahi who earlier this year was granted leave to launch a second appeal against his conviction.

Kenny MacAskill, the Justice Secretary, said: "The government welcomes this positive and helpful report. Disclosure is vital because it is essential that the defence have all the necessary information available to ensure a fair trial.

"Effective disclosure also contributes to a more effective criminal justice system and to earlier resolution of cases. I am indebted to Lord Coulsfield for his careful analysis. We will shortly publish a consultation paper to invite further views."

Elish Angiolini, Lord Advocate, said: "The report marks a significant step towards achievement of the required degree of clarity in this complex area of law and practice."

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admin · Site Admin Joined: 12 May 2007 Posts: 40

Appeal team demands secret filesBRIAN HORNE October 11 2007
Comment | Read Comments (13)The Libyan secret service agent serving life for the Lockerbie bombing has been given until December 21 to explain his reasons for challenging his conviction.

The date is exactly 19 years since the blast which killed 270 people when a US-bound aircraft exploded in a ball of fire above the Scottish town.

At the Court of Criminal Appeal in Edinburgh today Jim Swire, whose daughter, Flora, was among those who died described it as "a very ominous date."

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"We are getting near the nineteenth anniversary of the murder of out loved ones," he said.

Mr Swire also said he was pleased that Scotland's top judge, Lord Hamilton, seemed to want to speed things up as much as possible but, on the other hand, it would be wrong to put too much pressure on the defence.

Mr Swire was among those in court to hear that the legal team fighting for the release of Abdelbaset al-Megrahi, 55, demand the handover of secret documents which they believe could prove his innocence.

Defence QC Margaret Scott also claimed that a new witness could discredit Maltese shop keeper Tony Gauci whose evidence was crucial in convicting Megrahi at a special court in the Netherlands in 2001.

Ms Scott also said defence forensic experts were working on reports to counter other evidence led at the trial.

The hour-long hearing in Edinburgh followed recent speculation that United States security services were blocking the handover of potentially crucial information about the timer which detonated the bomb on PanAm flight 103.

But today, Scotland's top judge Lord Justice General Lord Hamilton, sitting with Lords Kingarth and Eassie, heard that the Americans were not involved.

"The documents don't come from that government or any of its agencies," said advocate depute Ronald Clancy QC, for the Crown.

He told the court: "The documents in question were passed to the UK Government on the basis that they were regarded as being confidential by the authorities that passed them over.

"That being so, the Crown has always taken the position that, if possible, confidentiality should always be respected."

Mr Clancy added: "The Crown has been actively pursuing the matter but today it remains unresolved."

Requests had been made to allow the Crown to hand over the documents and it was possible this might happen without the appeal judges having to rule on the issue, the court heard.

Mr Swire said if the secret documents did not come from the United States it was "pure speculation" which government they belonged to.

The bombing of the United States-bound Pan Am flight in 1988 is regarded as the worst crime in Scottish legal history because of the death toll among passengers and on the ground.

After much diplomatic wrangling al-Megrahi and another Libyan, Al-Amin Khalifa Fhimah surrendered and were put on trial in a special high security courtroom constructed at the Zeist military installation near Utrecht.

Three judges heard the evidence without a jury and aquitted Fhimah.

Five judges then heard an appeal in 2002 against conviction by al-Megrahi but decided that the guilty verdict for the murder of 270 people should stand.

For a while al-Megrahi was held in a special cell in Glasgow's Barlinnie jail - dubbed the "Ghadaffi Cafe" - but is now in Greenock Prison, serving a minimum of 27 years.

The Scottish Criminal Cases Review Commission, which investigates possible miscarriages of justice, took up the case and after a lengthy investigation concluded in June that al-Megrahi should get a second appeal.

It was during the SCCRC probe that the existence of documents shown to prosecutors but unseen by the defence emerged.

"The Commission then reached the conclusion that the Crown position not to disclose at least one of these documents to the defence indicated a miscarriage of justice might have occurred in this case," said Ms Scott today.

She told the appeal judges that without all the material she could not formally lodge detailed grounds of appeal and asked for more time to prepare.

Lord Hamilton granted the request and made December 21 the deadline.

The court heard that, in outline, al-Megrahi's lawyers will argue that there was not sufficient evidence in law to convict him and that a jury would not have found him guilty.

There are issues about the conclusions of forensic experts and whether the defence lawyers at the original trial did a good job and identification evidence.

Shop-keeper Mr Gauci told the Kamp Zeist trial that al-Megrahi was the man who bought clothes and an umbrella said to have been in the suitcase which also contained the bomb, disguised as a radio cassette player.

Ms Scott also told appeal judges that unless they could guarantee a safe escape route for al-Megrahi in the event of a successful appeal, the full hearing - which is expected to take place some time next year - would have to be in the Netherlands.

Al-Megrahi was not in court for today's hearing.

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Posted by: Colin B, Bearrsden on 12:41pm Thu 11 Oct 07
Lothian & Borders Police should be arresting Elish Angioini and her staff in Chambers Street now -she is breaking the law repeatedly and flagrantly. The same issues are going to happen in the Nat Fraser appeal case and Asbury ,stiched up by Ken McIntosh MSP friends at the SCRO, will get record compensation given he served 3.5 years in prison. ALex Salmond and Kenny McCaskill must act to restore confidence and honesty
Lothian & Borders Police should be arresting Elish Angioini and her staff in Chambers Street now -she is breaking the law repeatedly and flagrantly.

The same issues are going to happen in the Nat Fraser appeal case and Asbury ,stiched up by Ken McIntosh MSP friends at the SCRO, will get record compensation given he served 3.5 years in prison.

ALex Salmond and Kenny McCaskill must act to restore confidence and honestyQuote | Report this postPosted by: Yok Finney, Ross-shire on 2:26pm Thu 11 Oct 07
There is so much corruption and incompetence in the Scottish Establishment it is like clearing the Aegean Stables. Fire everyone, and re-employ only those with a track record of honesty and ability? I don't see it happening soon.
There is so much corruption and incompetence in the Scottish Establishment it is like clearing the Aegean Stables.

Fire everyone, and re-employ only those with a track record of honesty and ability? I don't see it happening soon.Quote | Report this postPosted by: sam, Greenock on 3:37pm Thu 11 Oct 07
Secret documents released to the defence, they'll be wanting a fair trial next. And for some johnny foreigner at that
Secret documents released to the defence, they'll be wanting a fair trial next. And for some johnny foreigner at thatQuote | Report this postPosted by: Peter Cherbi, Edinburgh on 3:56pm Thu 11 Oct 07
With the Crown Office's record on disclosure, the defence team can probably expect disclosure to be on the 20th December at 11:58pm. #Colin B - L&B might have to arrest some of their own too ... as for MacAskill & Salmond, I think the wait is getting a bit long now on them doing something, if they are going to .... #sam - yes, pity we can't look after our own first, shows just how crooked the Scottish legal system has become, needing an international 'outcry' to do something about it ...
With the Crown Office's record on disclosure, the defence team can probably expect disclosure to be on the 20th December at 11:58pm.

#Colin B - L&B might have to arrest some of their own too ... as for MacAskill & Salmond, I think the wait is getting a bit long now on them doing something, if they are going to ....

#sam - yes, pity we can't look after our own first, shows just how crooked the Scottish legal system has become, needing an international 'outcry' to do something about it ...
Quote | Report this postPosted by: freethekillie2, kilmarnock on 4:12pm Thu 11 Oct 07
disclosure, lol will they the crown hand it over? its obvious the crown need a deal done4 look at the cases in scotland looking for full disclosure. a legal system so out of touch and so uncaring, as the saying goes what comes around goes around! http://uk.youtube.co m/watch?v=C3uPuiQOn9 w&mode=related&searc h=
disclosure, lol will they the crown hand it over?
its obvious the crown need a deal done4 look at the cases in scotland looking for full disclosure.

a legal system so out of touch and so uncaring, as the saying goes what comes around goes around!

http://uk.youtube.co
m/watch?v=C3uPuiQOn9
w&mode=related&searc
h=

Quote | Report this postPosted by: Seumas, Tain on 4:46pm Thu 11 Oct 07
Question for the statistitians---HOW MANY LAWYERS RETIRED TO THEIR MANSIONS ON THE BACK OF THIS DEBACLE???? I'M JUST JEALOUS AS I LIVE IN MODEST TWO BEDROOM BUNGALOW. AND AM LOOKING FORWARD TO BROWN'S DOUBLING OF THE INCOME TAX FOR PENSIONERS IN APRIL 2008. I AM AWARE THAT THIS AFFECTS EVERYBODY BUT, IF YOUR INCOME IS JUST £2000 ABOVE TAX ALLOWANCES IT'S SLIGHTLY DIFFERENT FROM THOSE ON BROWN'S SALARY.
Question for the statistitians---HOW MANY LAWYERS RETIRED TO THEIR MANSIONS ON THE BACK OF THIS DEBACLE????
I'M JUST JEALOUS AS I LIVE IN MODEST TWO BEDROOM BUNGALOW. AND AM LOOKING FORWARD TO BROWN'S DOUBLING OF THE INCOME TAX FOR PENSIONERS IN APRIL 2008.
I AM AWARE THAT THIS AFFECTS EVERYBODY BUT, IF YOUR INCOME IS JUST £2000 ABOVE TAX ALLOWANCES IT'S SLIGHTLY DIFFERENT FROM THOSE ON BROWN'S SALARY.Quote | Report this postPosted by: Colin B, Bearsden on 4:58pm Thu 11 Oct 07
AS with the cockpit video the UK government puts confidentiality of USA sources ahead of justice- lets hope there is at least one right minded person in the Crown office -although I doubt it if dopey ELish is anything to go by. Isn't 19 years enough time to resolve Mr Clancy -another poor quality Advocate depute who hopefully will go AWOL
AS with the cockpit video the UK government puts confidentiality of USA sources ahead of justice- lets hope there is at least one right minded person in the Crown office -although I doubt it if dopey ELish is anything to go by. Isn't 19 years enough time to resolve Mr Clancy -another poor quality Advocate depute who hopefully will go AWOLQuote | Report this postPosted by: freethekillie2, kilmarnock on 6:16pm Thu 11 Oct 07
colin b! the full justice system needs a break, from their underhand dealing's and contempt for us the people of scotland over this and many more cases needing full disclosure, whats to hide? it makes them look so corrupt hand over full disclosure, why hide. 13 th 14 of november do we have a chance then? or will it be next year or never. CROWN CLEAN UP YOUR ACT LET THE INNOCENT FREE!
colin b!
the full justice system needs a break, from their underhand dealing's
and contempt for us the people of scotland over this and many more cases needing full disclosure, whats to hide?

it makes them look so corrupt hand over full disclosure, why hide.
13 th 14 of november do we have a chance then?
or will it be next year or never.

CROWN CLEAN UP YOUR ACT LET THE INNOCENT FREE!

Quote | Report this postPosted by: Jack Gough, Lanarkshire on 10:50pm Thu 11 Oct 07

admin · Site Admin Joined: 12 May 2007 Posts: 40

Mystery government is asked for permission to reveal contents of Megrahi documents
JOHN ROBERTSON
LAW CORRESPONDENT
A FOREIGN government could hold the key to establishing the innocence of the Libyan convicted of the Lockerbie bombing, it was claimed yesterday.

The unnamed country - the US was specifically excluded - is being asked for permission to disclose confidential information which lawyers for Abdelbaset Ali Mohmed al-Megrahi believe will show he should not have been jailed for the 1988 atrocity.

A preliminary hearing in a second appeal by Megrahi was also told that new evidence had been found to cast doubt on a Maltese shopkeeper, one of the prosecution's main witnesses against the Libyan at his trial in 2000.

Megrahi, 55, an intelligence officer, and a second Libyan, Al-Amin Khalifa Fhimah, stood trial at a special Scottish court in the Netherlands, accused of bombing Pan Am flight 103 on its journey from London to New York on 21 December, 1988. Megrahi was found guilty and jailed for life and ordered to serve at least 27 years before he could apply for parole. Mr Fhimah was acquitted.

The three trial judges - part of the deal for a trial was there would not be a jury - accepted the Crown's contention that the bomb, in a suitcase, had been put on board a feeder flight at Luqa Airport, Malta, and had gone via Frankfurt, Germany, to Heathrow. The suitcase contained clothing bought from Tony Gauci's shop on Malta, and he identified Megrahi as resembling "a lot" the purchaser. It was also accepted that the bomb's timer had been made by a Swiss company, MEBO, and was one of a number supplied by its director, Edwin Bollier, to the Libyan intelligence service.

In 2002, Megrahi lost an appeal, but he continued to protest his innocence, and in June the Scottish Criminal Cases Review Commission, after a lengthy investigation, referred the case back to the appeal court.

Yesterday, Margaret Scott, QC, for Megrahi, said the defence had lodged a petition with the court, asking it to order the release of documents concerning the supplying of timers. The commission had concluded that a failure by the Crown to disclose the documents to the defence may have caused a miscarriage of justice.

Ms Scott said the commission had not divulged the contents of the documents, because the permission of the country from which they originated was needed. A request has been made.

The appeal judges, Lord Hamilton, the Lord Justice-General, and Lords Kingarth and Eassie, agreed to give the Crown six weeks to submit written answers to Megrahi's petition.

Ms Scott also asked the court for more time to lodge Megrahi's grounds of appeal.

The court agreed and fixed 21 December - ironically the 19th anniversary of the bombing - as the date by which the grounds of appeal should be entered.

Following the hearing at the Court of Criminal Appeal in Edinburgh, Jim Swire, whose daughter Flora was one of the 270 Lockerbie victims, said the developments were "very interesting".

"The disclosure of documents is a very hot potato.

I have come to the conclusion that this guy [Megrahi] is not guilty so I want to see him sent home to his family as soon as possible. I am confident it will happen. I have confidence in Scottish justice."

Related topic

Lockerbie
http://news.scotsman.com/topics.cfm?tid=184
This article: http://thescotsman.scotsman.com/index.cfm?id=1628862007

Last updated: 12-Oct-07 01:25 BST

Comments Add your comment1. 2Right, On Location / 3:04am 12 Oct 2007 Mr Megrahi should never need to be asking our Courts to make Crown reveal Key Crucial Evidence.
Holland and Sinclair Privy Coucil and McLoed mean Crown have a duty to reveal Eculpatory evidence.
What is the Problem with our Courts, Why not find Crown in Contempt?
Is there collusion between them to Keep evidence Hidden? It certainly looks like eh?
The words Meltdown and Turmoil come to mind.
Crown Office still keeping documents from Defence Teams despite current Law saying it must be released.
Exactly who is in charge of the Courts: Elish Or Lord Hamilton?
Sort this sorry mess out and reveal all evidence.
For more on Lockerbie and othger cases visit:
http://shirleymckie.myfastforum.org/forum1.php&sid=10...

Report as unsuitable 2. Guga II, Rockall / 3:39am 12 Oct 2007 There has been collusion all along between the Americans and the YUK government. Abdelbaset Ali Mohmed al-Megrahi was rail-roaded, and evidence was concealed from the defence. And, of course, the Americans were trying hard to bribe people to give false evidence.

The Scottish legal system has been brought into disrepute as a result of this and other miscarriages of justice.

Report as unsuitable 3. Peter Cherbi, Edinburgh / 4:02am 12 Oct 2007 If the Executive & Westminster want to make a fool of Scots Law in this case, they are certainly going about it the right way ...

We can look forward to the 'mystery country' being revealed at the weekend ? and just why yet another 'mystery' hangs the validity of Scots Law by a thread ...

Report as unsuitable 4. P.C Murdoch / 4:33am 12 Oct 2007 The mystery Country is Switzerland,have I won a prize?

Report as unsuitable 5. Peter Cherbi, Edinburgh / 4:42am 12 Oct 2007 #4. P.C Murdoch

Probably not. We all knew it but wondered why they left it out of the story ...

Report as unsuitable 6. 2Right, On Location / 4:47am 12 Oct 2007 Peter
They left it out because it is top secret, Ha Ha
What a joke eh.
It wouldn't be about the timer either eh?

Report as unsuitable 7. A Better Way / 5:20am 12 Oct 2007 Lets all face it the Scottish Legal System needs a twenty gallon dose of a good laxitive to clear it out. The entire system has been butchered and is open to influence from the members of the law society and police. It is run by a multi teared group of Scots who actually believe they are protecting their self important positions.Just look at the Lawyer who got of without any charges for stealing 35,000. If he broke into a bank or shop and stole this amount he would be gone for a very long time, but his mates covered it over. Favour for favours. Hang the lot of them by the thumbs and export them to the Falklands I say.

Report as unsuitable 8. GalacticCannibal, Murrieta, CA vote ..Hillary Clinton ..for ..Pres / 5:28am 12 Oct 2007 The Scottish legal system has been brought into disrepute as a result of this and other miscarriages of justice.

-----------------------------------------------------------
2. Guga II, Rockall /

Sir,
Nobody forced the Scottish legal system into anything unsavory in the Lockerbie bombing, .

They screwed up themselves.

GC

Report as unsuitable 9. P.C Murdoch / 5:52am 12 Oct 2007 Please could somone explain the finer points of irony to Peter Cherbi.

Report as unsuitable 10. Edwin & Mahnaz Bollier, Mebo Ltd, Zurich/Switzerland / 7:13am 12 Oct 2007 Re: Appeal Mr. Abdelbaset al Megrahi 10am in the Appeal Court at the High Court of Justiciary in Parliament House, Parliament Square, Edinburgh

I am the ex witness no.548, Edwin Bollier, Zurich/Switzerland in the "Lockerbie-Trial" at Kamp van Zeist.

By the following Appeal (Megrahi) I will help again as a witness in a key role (MEBO MST-13 Timer) for clarify Megrahi’s decision.

As head of the Zurich-based MeBo AG, I have received from our ex Engeneer mr. Ulrich Lumpert (ex witness no.550 in Zeist) a second Affidavit, dated from July 18th 2007. This document has taken the Lockerbie-Affair yet in another extraordinary twist.
I will send you a copy of a German original of an Affidavit (notarial attested) as addition to the top secret document.

Libya and Mr Abdelbaset have nothing todu with the "Lockerbie-Tragedy"!

Please read the "Lockerbie-Fraud" on URL:
http://www.lockerbie.ch

Report as unsuitable 11. Boy Wonder / 8:09am 12 Oct 2007 I've always thought that Megrahi was stitched up! Will we ever know the REAL truth???

Report as unsuitable 12. puskas, East Kilbride / 12:15pm 12 Oct 2007 When Mr Melgrahi is freed who will pay him Compensation. Westminster?.. Who will pay for this criminal action of fixing up an innocent man by 20 years jail.

Report as unsuitable 13. Peter 100 / 12:16pm 12 Oct 2007 Of course they didn't G.C. and I'm just about to finish my letter to Santa, because with the post the way it is, I better send it off now to make sure he receives before Christmas

Report as unsuitable 14. Colin R, Bearsden / 12:51pm 12 Oct 2007 When is Elish Angiolini and Mr Clancy and the other advocate deputes going to be arrested for perverting the course of justice. In Elish's case not just this appeal but Nat Fraser as well.
The ASbury s*** is about to hit the compensation fan - given he did 3.5 years for a crime he did not commit I suspect his compensation will be a tad more than the £750,000 Shirley McKie got

Report as unsuitable 15. GalacticCannibal, Murrieta, CA vote ..Hillary Clinton ..for ..Pres / 4:06pm 12 Oct 2007 13. Peter 100 /

Like Ur sunse of humor

GC

Report as unsuitable 16. sojoourner, USA / 4:15pm 12 Oct 2007 Another slant on the subject...was Flight 103 shot down or did it land safely, with all passengers held captive? United States Congressman Larry MacDonald was on that Flight, and was well known for un-covering government corruption, which may be a critical reason for the ongoing coverup.

Report as unsuitable 17. 2Right, On Location / 4:58pm 12 Oct 2007 #16
You might be right.
The Americans were apparently on scene within hours removing evidence and Briefcases etc etc so not surprised.
To think all the evidence to prove his innocence though has been stashed away in Government Vaults for years is sickening beyond belief.
Megrahi should be freed and Scots Justice in the Dock.

Report as unsuitable 18. freethekillie2, kilmarnock / 5:25pm 12 Oct 2007 17# you are true the place was swarming with american helicopters.

as for disclosure lol.

found out some things today about what the crown will do to cover and hide evidence!

will magrahi ever get full disclosure?

Report as unsuitable 19. 2Right, On Location / 5:38pm 12 Oct 2007 Found the following which might be of some interest to some who follow this Lockerbie theories.
Very credible evidence on Mr taylor QC.
Statements from him To SCCRC and Dean of Faculty.
See the following:
http://williambeck.blogspot.com/

Report as unsuitable

admin · Site Admin Joined: 12 May 2007 Posts: 40

THE head of Scotland's biggest association of court lawyers has claimed that a "significant number" of cases are collapsing because of a failure by prosecutors to show the defence key evidence on time.
Gerry Considine, the president of the Glasgow Bar Association, says delays by the Crown Office in disclosing potentially crucial evidence, including DNA reports and witness statements, have caused "terminal delays" to cases.

Two years ago, the judicial committee of the Privy Council, the highest criminal appeal court, quashed the convictions of two Scots, James Holland and Alvin Sinclair, on the grounds the Crown had failed to disclose vital documents and therefore denied their right to a fair trial.
Until then, the disclosure of Crown evidence or information had rested with the Lord Advocate and Crown Office.
But the landmark rulings decreed that, unless there are national security implications, all statements have to be made available to the defence "as a matter of course".
The Crown is also now required to give the defence details of previous convictions and outstanding charges in relation to prosecution witnesses.

admin · Site Admin Joined: 12 May 2007 Posts: 40

Legal ruling set to delay city courts

HUNDREDS of cases at Scotland's busiest district court could be delayed following a legal ruling over the failure of prosecutors to disclose statements to defence lawyers.
At Glasgow District Court Stipendiary Magistrate Alan Findlay ordered the procurator fiscal to hand over statements and police notebooks in an assault and breach of the peace trial.
Stirling defence lawyer Virgil Crawford had argued the failure to do so, despite repeated requests, had breached the human rights of the two accused men.
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This week, after hearing extensive legal arguments, Stipendiary Magistrate Findlay ruled the defence lawyer was entitled to see the missing statements, police notebooks and details of previous convictions of witnesses.
He ordered the prosecution to produce them "without delay", but granted them leave to appeal.
The trial of the two accused, which should have been heard this month, has been put off until October 10.
Afterwards, Mr Crawford said: "Disclosure is happening in every district court except Glasgow.
"Here, the procurator fiscal's attitude is that if the prosecution has to work with the same statements from the police as the defence, what does it matter?
"That is not good enough. Under European Human Rights legislation the Crown is obliged to hand over all statements to the defence, particularly if they are requested.
"The implication of the ruling is that if every lawyer takes this particular human rights point he or she will win it, so trials could be further delayed for months while disclosure is carried out."
Earlier this year, when told the Crown had not handed over statements in a murder case, High Court judge, Lord Hardie, described the failure as an "act of defiance" and threatened to hold Lord Advocate Elish Angiolini in contempt of court.
Publication date 11/05/07

Scott Law · Joined: 06 Nov 2007 Posts: 36

Call for prosecutors to provide full details to defence lawyersCALUM MacDONALD September 13 2007
Comment | Read Comments (13)Criminal prosecutors should be legally bound to provide full information to defence lawyers in advance of a trial, the Scottish Government was told yesterday.

The call came from a retired judge who said the information should include material favourable to the accused, even if it weakens the Crown case.

The call came from Lord Coulsfield in a report commissioned from him last year by the previous administration.

advertisementLord Coulsfield, who retired in 2002, was one of three judges who presided at the Lockerbie trial in the Netherlands. He was asked by the previous administration to review the law in the light of a 2005 ruling by the Privy Council which overturned the convictions of two men, James Holland and Alvin Sinclair, on the grounds of "non-disclosure".

His findings include a recommendation for legislation requiring the prosecution to have regard to "the over-riding requirement of a fair trial".

The legislation should provide a definition of a duty of disclosure, and require prosecutors to disclose to the defence "all material evidence or information which would tend to exculpate the accused whether by weakening the Crown case or providing a defence to it," said the judge.

This already happens in England and Wales and Lord Coulsfield said: "I do not see that there is any practicable alternative in the short or medium term."

Non-disclosure by the Crown is a major issue in some of the most high-profile cases in Scotland, such as that of the Lockerbie bomber Abdelbaset Ali Mohmed al Megrahi who earlier this year was granted leave to launch a second appeal against his conviction.

Kenny MacAskill, the Justice Secretary, said: "The government welcomes this positive and helpful report. Disclosure is vital because it is essential that the defence have all the necessary information available to ensure a fair trial.

"Effective disclosure also contributes to a more effective criminal justice system and to earlier resolution of cases. I am indebted to Lord Coulsfield for his careful analysis. We will shortly publish a consultation paper to invite further views."

Elish Angiolini, Lord Advocate, said: "The report marks a significant step towards achievement of the required degree of clarity in this complex area of law and practice."